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Patna High Court

Rahul Lal Deo @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that no prima facie case of rape or sexual assault exists and therefore granted anticipatory bail to the petitioner.

Summary

The petitioner, Rahul Lal Deo, was arrested in connection with a missing‑minor case where he was alleged to have kidnapped and sexually assaulted the informant’s 17‑year‑old daughter. The girl later testified that she voluntarily left home, went to Delhi, and married the petitioner, denying any kidnapping or assault. The State opposed the petitioner's request for anticipatory bail. The court examined the statements and found no prima facie evidence of rape or sexual assault. Consequently, the court ordered that the petitioner be released on anticipatory bail, subject to a bond and sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the allegations of kidnapping, rape and sexual assault against the petitioner constitute a prima facie case.
  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
  • Whether the conditions for bail, including bond and sureties, are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • sexual assault
  • minor
  • marriage
  • Bhartiya Nyay Sanhita
  • Section 438
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33733 of 2026
                      Arising Out of PS. Case No.-412 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
                 Rahul Lal Deo @ Rahul Kumar S/o- Late Navin Lal Deo R/o Village- Turki
                 Ps- Baheri Dist- Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Baidyanath Prasad, Advocate
                 For the Opposite Party/s :       Mr.Parmanand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Baheri P.S. Case

                   No. 412 of 2025 registered for the offences punishable

                   under Sections 137(2), 96, 115(2), 352, 3(5) of the Bhartiya

                   Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. As per F.I.R., the minor daughter of informant

                   aged about 17 years found missing since 07.10.2025 when

                   she didn’t return to her home after attending school. It was

                   suspected that this petitioner might have kidnapped the

                   daughter of the informant as he was found seen with her as

                   reported by some persons.
Patna High Court CR. MISC. No.33733 of 2026(2) dt.14-05-2026
                                            2/3




                   4. It is submitted by learned counsel appearing on

          behalf of the petitioner that daughter of the informant, after

          recovery categorically stated, while recording her statement

          under Section 183 of the B.N.S.S., that when she was

          scolded by her mother, she left her home and went to Delhi

          where she approached to this petitioner and persuaded him

          to solemnize marriage, whereafter she solemnized her

          marriage with the petitioner. It is submitted that the

          allegation of sexual assault and kidnapping was completely

          denied by the victim through her statement. Petitioner

          claimed clean antecedent.

                   5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and

          by taking note of the fact as allegation of rape and sexual

          assault prima facie not appears available against petitioner,

          accordingly, above-named petitioner, in the event of his

          arrest/surrender within a period of four weeks from this

          order, is directed to be enlarged on bail on furnishing of bail

          bond of Rs.10,000/- (ten thousand only) with two sureties

          of the like amount each to the satisfaction of learned
           Patna High Court CR. MISC. No.33733 of 2026(2) dt.14-05-2026
                                                       3/3




                     A.C.J.M. VII, Darbhanga/concerned court in connection

                     with Baheri P.S. Case No. 412 of 2025, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).



                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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